...Discuss the extent to which judges do create and develop the law. Nowadays, law is not strange with all people. Similarly, almost people know the importance of judges. However not at all people can understand clearly how judge impact on creating and develop law. The purpose of this essay is providing some clear information and helping some people recognize the role of judges. To understand the role of judge, people should know who judges are or what they do. Firstly, judges are people who supervise a court of law. Exactly, the role of a judge depends on what country that judge works in, and what kind of court they preside over. Judges must be fair and honest. They must make decisions and give guidance based on the most authentic to the law, even if he or she does not personally agree. Because of this, the job of a judge is very important (Kagan, 2010). Next topic is the role of judges in creating law. With the assumption that the positive law has limits and sometimes the judges are supposed to expand its borders, people must understand what a positive law is, why it has limits and why and how a judge can change the and expand the law when it is necessary. The positive law mean the law that is sanctioned by the Parliament and Legislature, produced by legitimate and democratically elected representatives, systematized and accepted by the society. In democratic societies and countries, this law is a result of the work of elected officials and it reflects the political and...
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...Question 1a(i) Judges are primary on-screen characters in legal as they are the individuals who are set to figure out the opportunity of the legal, the image of equity and they are additionally persons who are set to apply the law in the case before them. By and by, there is an issue of if judges do make law. To put it specially, are judges simply law discoverers or are they truly legislators. It is a reality to the legitimate organization that the essential part of judges is to apply the existing law into the case he is choosing. In this way, judges requirement to find any previous law that they wish to apply and by ethicalness of that gesture, judges are law discoverers in place of officials. They need to find the law and not to authorize the law. This is because of the way that by the convention of detachment of forces, legal ought not meddle with the part of the lawmaking body. Thusly, judges should not meddle with the Parliament, which is the legislator of the nation. In any case, it is additionally a reality that as the lawful framework advances, so does the part of judges. Rather than adhering to their employment as law discoverers and the feeder of equity, they now leave their lawful engraving on the legitimate framework. What is implied by legitimate engraving is that they leave a legacy, which is another guideline of law, improved by them when they settle on a case. As a normal law nation, this legacy will then be connected by numerous others through the convention...
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...statement. I partially agree with the statement, but not extensively because I will argue that English judges aren’t the solitary problem for the slow development of the law in relation to assisted suicide cases like Nicklinson, Bland, Pretty, Purdy, and Conway. The essay will be constructed of relevant domestic legislation, parliamentary involvement in the law and supranational authority over the Courts. Throughout the essay, I will include relevant judge’s judgments and academic commentary to provide interesting perspectives on why I am agreeing or disagreeing with the statement. Agreeing with the statement In agreement to the statement, English judges are too willing to impose artificial limits on their own power to change the law...
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...Running Head: Family Law Family Law Jessica Kessler-Milam Professor Juste Sanchez Strayer University March 11, 2012 Abstract This paper defines the area of law entitled family law; what it means and does along with a problem area in which I am here to provide a solution to. The problem area within family is that of the child custody and support; judges do not look out for the best interest of the children. My solution is that judges need to be more managed by the Supreme Court, rotated or moved in and out of the job every two years or removed from the position altogether. Family Law Family law is a very complex and diverse legal part of the entire legal field. Family law courts handle cases of divorce, annulment, separate maintenance, paternity, grandparent visitation, allocation of custodial parents (non-married parents), child support, domestic violence; anything involving family support proceedings except abuse and neglect cases. In West Virginia there are 45 judges for each 27 circuits, usually amounts to one judge per county unless it is a large county in which there will be 2-3 judges or a small county which one judge will be assigned for two counties (Courtswv, 2010). Rules of civil procedure apply to all parties including attorneys and/or non-represented persons. All orders are public record but all pleadings, recordings, exhibits, transcripts or other documents contained in the court file will not be available for public inspection except by the involved...
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...independence is concept that judges, in order to make fair decisions should be unaffected by government or any parliamentary pressures. They should be free from any influence from the executive and legislature. Similarly judicial neutrality is the idea that judges must put aside any personal bias in the courtroom and they must conduct themselves in an impartial way inside and outside the court. Judicial neutrality and independence are not only important to make fair and just decisions but they are also crucial to uphold democracy. There are many ways in which judges can be seen to uphold their judicial independence. The very fact that judges are unelected, are not members of political parties thus upholding law not politics and are not trained by the government show that as far as politics is concerned the judges are very much removed. On the other hand although they are not directly involved in politics this does not mean that judges cannot hold political views, in fact most judges tend to hold politically conservative views. Furthermore it is almost impossible for judges to stay out of politics in its broadest sense. Every judgement can be seen as a political statement, this can be seen clearly in the case of Gillick, which showed that it is difficult for them to stay out of politics when they poses the power to make new laws. Politically judges are as far removed as possible, it would be difficult to find any other alternatives without removing judges rights to have political...
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...Different Models of Judicial Law Making -Rachi Singh and Viplav Baranwal ABSTRACT: I believe that we must do away with 'the childish fiction' that law is not made by the judiciary- Sabyasachi Mukharji, C.J This paper seeks to analyze different models of judicial law making keeping in mind the changing needs of the society. It begins with the need to fill in the gap between the existing law and the law ought to be. It goes on to analyze different models of judicial law making like the interpretation, Article 142, in the absence of codified law to the new concept of Public Interest Litigation and Appointment of Judges . It also discusses the basic attributes that have undergone a change. It ends with the authors providing their views that a mean has to be found between too much and too little activism. INTRODUCTION I believe that we must do away with 'the childish fiction' that law is not made by the judiciary- Sabyasachi Mukharji, C.J. Whenever legislature enacts any law, in spite of keeping everything in mind and putting in their best efforts, it cannot visualize all possible situations in the future to which that law requires application. In today’s world everything is constantly changing. Nothing is static. As a result new situations develop and therefore law has to be interpreted accordingly. Herein, the role of judicial creativity comes into play i.e. to fill in the gap between the existing law and the law as it ought to be. The Judges have to be aware about the rapid...
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...Judges Our system of government is a system that relies on balance in order to prevent a concentration of power and is arguably the most powerful. With its ability to declare both executive and legislative actions unconstitutionally, the judicial branch has a lot of space in determining the final say on whether or not our country can or cannot do a particular thing. This power requires that the judicial branch has effective judges in order to work properly. All judges carry an enormous amount of responsibility. In criminal trials, they are responsible for making sure that the lawyers follow all of the rules of evidence, and ensure that defendants get every right that is afforded to them. They make sure that everything is fair and that the jury is given adequate information in order to decide the guilt or innocence of a party. In civil trials, the judges must decide hard cases by interpreting precedent and decide which policy would be best where the law is not exactly clear on a subject. Judges are responsible for many tasks within the courtroom. The most important responsibility of a judge is to take the oath of office and to uphold that oath. They must swear that they will do their best to ensure that all official duties within their capacity are successfully executed. Judges are somewhat like referees during trials as well as sentencing agents during criminal cases. Judges are also...
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...process can complex at times and many states have different requirements that are needed to become a judge. The two states that I chose for the judicial selection process are Texas and Missouri. The judicial process in Texas require certain qualifications to become a judge. The Texas constitution establishes basic qualifications before being selected. In the Court of Appeals and the Supreme Court judges are required to have a license to practice law and must have been practicing law for ten years. Another requirement is that a judge needs to be a legal resident of the United States and a resident of Texas before being selected. In other states age requirements are not mandatory, but in Texas the age requirement is thirty-five years of age. District judges are required to have a licensed to practice law in Texas for at least four years and be a resident of the judicial district for two years, they must also be a resident of the State of Texas. In District Courts judges are to compete in partisan elections as well, the same for the Supreme Court if a vacancy occurs the Governor of Texas will appoint a replacement for the remainder of the term, again this is needed to be approved by the Senate. The requirement's to serve as a judge is to be a citizen of the United States. The nominee must have held a judicial district for two years, they also must have been licensed to practice law. The age requirement is different from the Supreme Court rather requiring the age of thirty-five the...
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...report will be based on the following which is the process when making an act of parliament the different stages they have to go through when a new law is being brought out and also the rules of statutory interpretation. For the merit, the methods of law making will be compared and contrasted and also the applying the rules of statutory interpretation. For the final part of this report, the role of the Judiciary in the formulation and interpretation of legal rules. How (most) laws are made * Most new laws passed by Parliament result from proposals made by the government. * Proposals aim to shape society or address specific problems. * Normally, they ‘re created over a period of time An issue or problem emerges on the government's agenda Originally, a government's plan is well-informed by the general election. Politician parties compete for support from British voters by campaigning on their view for the country and how they would make things better for the UK and change things. The political party which wins the election then forms the government, and bases its legislative agenda on its election manifesto. But, where no single political party decisively wins the election - as happened in 2010 - two or more parties may form an alliance government. They might have to negotiate a joint vision and agree on which new laws to champion in the future of the parliament. Once in government, other events and effects also compete for ministers' attention. Unexpected crises...
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...CAN FIND THE ANSWERS TO THE EVEN-NUMBERED FOR REVIEW QUESTIONS ON THIS TEXT’S WEB SITE AT WWW.CENGAGE.COM/BLAW/BLT. WE REPEAT THESE ANSWERS HERE AS A CONVENIENCE TO YOU. 1A Sources of Law Primary sources of law are sources that establish the law. In the United States, these include the U.S. Constitution and the state constitutions, statues passed by Congress and the state legislatures, regulations created by administrative agencies, and court decisions, or case law. 2A COMMON LAW TRADITION Because of our colonial heritage, much of American law is based on the English legal system. In that system, after the Norman conquest, the king’s courts sought to establish a uniform set of rules for the entire country. What evolved in these courts was the common law—a body of general legal principles that applied throughout the entire English realm. Courts developed the common law rules from the principles underlying judges’ decisions in actual legal controversies. 3A Precedent Judges attempt to be consistent, and when possible, they base their decisions on the principles suggested by earlier cases. They seek to decide similar cases in a similar way and consider new cases with care, because they know that their conflicting decisions make new law. Each interpretation becomes part of the law on the subject and serves as a legal precedent—a decision that furnishes an example or authority for deciding subsequent cases involving similar legal principles or facts. A court will depart...
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...country pride ourselves on the fact that we always try to give every person, citizen or noncitizen a fair trial and their due process under the law. Our country was built on these ideals and we try to do everything that we can to preserve that. However, when we give so much discretional power to police and others in the justice system without enforcing the limits, we are asking for trouble. Everyone makes mistakes in their lifetime, it’s just a natural part of being a human and sometimes because of those human errors innocent people fall victim to wrongful accusations and end up in prison over a crime that they didn’t commit. Most officers and prosecutors don’t want to put innocent people in jail and there are relatively few officials out there that abuse their discretional power and spoil everything for us all. I agree with the statement that was made but only to an extent. I argue that discretion is more good than bad and is a necessary evil that we need even though there is a chance that it could be abused by the people that control power. Furthermore, I argue that the theories and laws to limit the discretion officers and prosecutors have are useless because they are usually not enforced strictly enough. One of the reasons that we need police discretion is because of how narrow most laws are when they are created. The nature of our laws prevents them from fitting every situation that comes up which is why we have trials to test a man’s innocence. Not every person who commits...
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...com/list_7774779_role-duties-district-attorney.html#ixzz1tRSozElQ Read more: Assistant District Attorney Job Description | eHow.com http://www.ehow.com/about_6678588_assistant-district-attorney-job-description.html#ixzz1tRTlS8rU Read more: Assistant District Attorney Job Description | eHow.com http://www.ehow.com/about_6678588_assistant-district-attorney-job-description.html#ixzz1tRTwBvmX * Read more: Assistant District Attorney Job Description | eHow.com http://www.ehow.com/about_6678588_assistant-district-attorney-job-description.html#ixzz1tRU8Bc2n Police Investigate Filing of Criminal Complaint After an alleged crime is investigated, the police initiate the criminal procedure by filing a complaint with the Magisterial District Judge (MDJ) in the area that the crime occurred. Once the complaint is filed, the MDJ will issue either a summons or a warrant of arrest, depending generally on the seriousness of the offense alleged. If issued a summons, the defendant will be notified of the date of their preliminary hearing in the summons. Preliminary Arraignment If a warrant of arrest is issued by the MDJ, or if the process was initiated by a warrantless arrest, the defendant must appear before the MDJ for a preliminary arraignment. The defendant will be provided with a copy of the...
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...the ideas of the law are exempt from this occurrence. Since the spoken word, hundreds of philosophers have defined law in different ways. Seeing law in different ways people can come to different conclusions about specific cases. The Fugitive Slave Law was a controversial law in American history. The Fugitive Slave Law allowed slave-owners to capture their slaves who have fled North to free states. In United States v Morris, the emancipators challenged the Fugitive Slave Law in Boston. A group of emancipators helped...
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...[Jurisprudence (laws 2017)] | Assignment Two: Reading Assignment. | Ronald Dworkin: Taking Rights Seriously 1. What conventional statement/theory about adjudication is Dworkin setting out to criticize or explore? Ronald Dworkin sets out to criticize and explore the theory about adjudication that judges are employed by the law. This theory embodies the idea that adjudicators implement legal statutes and the common law, but do not give input to its substance. Furthermore, that legislation is more highly regarded than the opinions of judges, despite theories of judgment being more refined. 2. What is the distinction between arguments of principle and arguments of policy? Arguments of policy exonerate political decisions by showing that such a decision is in the best interests of the public, and promotes social utility. Arguments of principle vindicate political decisions by showing that such decisions are in the best interests of individual or group rights, protecting the minority. 3. Why does Dworkin make this distinction? He makes this distinction because he believes that it is important for the purposes of the political justification of any legislative program, and that the distinction is not drawn enough. He believes that the two considerations do not exist independently of one another. 4. What are the characteristics of policy decisions...
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...It depends in which way i see it, According To the English law system, it was right Because the judges in trial sentenced him for accessory to murder and according to the english law system he will get death penalty. But from a logical point of view it was not right , Because Derek did not do the worst part and he got harder punishment than his friend who killed the police officer . Derek did not do the worst party and he regret it During the incident , but the biggest thing That took big place in the judges decision was Derek's age . He was old enough to get death penalty while his friend who did the worst part only got prison . The public is very disapointed and angry for Derek's execution . The public are saying That the judges decision was not fair And they criticize us for our law system . Im starting to say That We Have to follow our countryies laws as all the other countries. If we do not follow it we can not control the society and there will be more injustice in the society . At the same time i also think Derek should get a Milder punishment for his party in this case , but we can not blame the judges for doing their job, the sentences they give to people are based on our law system and the law system its made by us . We Should derogate to follow the law in some cases. Cases where the age Should not play a big part . Or hopefully we can change the law and make all sentence more fair in the future .. Here we are, broadcasting live from the studio...
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